CONCILIATION – İşeri Avukatlık

What Is Reconciliation?

Reconciliation is the end of the criminal trial as a result of an agreement between the victim of the crime and the criminal suspect. The process of reconciliation is not to abandon from the complaint. If the complaint is abandoned, reconciliation cannot be used. So as an expression; “I am a complainant, but I want to reconciliation,” should be used.

Can reconciliation service received on every subject?

Reconciliation can only be used in investigations related to the crimes mentioned in the law.

Investigation and prosecution of crimes based on complaints (except for crimes of sexual assault and effective repentance)

Crime of intentional injury (except third paragraph, article 86 of Turkish Criminal Law; article 88)

Reckless injury (article 89 of Turkish Criminal Law)

Breach of residence immunity (article 116 of Turkish Criminal Law)

Child abduction and retention (article 234 of Turkish Criminal Law)

Disclosure of information or documents in qualifications as trade secret, banking secret or customer secret (except fourth paragraph, article 239 of Turkish Criminal Law))

Accepting the reconciliation offer is not a waste of time. Reconciliation is a fast process. The conciliatory is obliged to complete the process within 30 days. The public prosecutor may extend this period by 20 days if deemed necessary. The timeout period does not work during the reconciliation period.
During the reconciliation process under the control of the public prosecutor is discussed by both parties to eliminate material or moral damages. Privacy is essential in these negotiations and cannot be used as evidence against the suspect. Also, accepting the reconciliation offer does not mean accepting the crime. If you do not accept the offer of the counterparty with your freewill, the process ends. Without the application of the agreement at the end of the reconciliation, the investigation file is not closed. If the counterparty does not fulfill its words, the reconciliation is not considered.

Which Issues Can Be Reconciled In This Process?

Compensation or reinstatement of material or moral damage that arise from the act,

Donation to a person or persons in need of assistance,

Work as temporary in a private establishment that serve the public interest,

Participate in a program that the individual will make it useful for the society,

Provided that it is not against the law (such as an apology to the victim), everything from the suspect can be requested.

If reconciliation occurs, you are obliged to fulfill what you have agreed.
If you fulfill this obligation;

Victims victimization will be resolved more quickly.

The suspect will not be sued.

If the litigation is opened, to be considered invalid.

The possibility of being punished and also being criminal is eliminated.

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